Mudawwanat Ahkam al-Waqf al-Fiqhiyya

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Mudawwanat Ahkam al-Waqf al-Fiqhiyya

Mudawwanat Ahkam al-Waqf al-Fiqhiyya (Code of Jurisprudential Rulings on Waqf) is a comparative legal encyclopedia dedicated to the rulings, jurisprudence, and regulation of Islamic charitable endowments (waqf), prepared by a collective of scholars under the auspices of the Kuwait Awqaf Public Foundation .

Background and Purpose

The compilation was initiated as part of Kuwait's designated role as the coordinating state for Islamic nations' efforts in the field of endowments, following a resolution passed at the Sixth Conference of Ministers of Awqaf of Islamic States held in Jakarta in October 1997 . Execution of the project was overseen by the Scientific Committee of the Waqf Jurisprudential Issues Forum, chaired by Khalid Madhkur al-Madhkur . The work was commissioned by the foundation to provide a unified, accessible reference for endowment institutions, specialists, judges, lawyers, and endowment trustees, intended to bridge classical Islamic jurisprudence and contemporary statutory codification .

Scope and Methodology

The encyclopedia documents legal rulings on endowments across eight recognized Islamic schools of law: the Hanafi, Maliki, Shafi'i, Hanbali, Zahiri, Imami, Zaydi, and Ibadi schools . It also includes:

  • Juristic positions transmitted from early authorities among the Companions, the Successors, and their followers .
  • Opinions of early regional jurists whose schools became extinct but whose views survive in classical compendia .
  • Textual legal evidences cited by each school, accompanied by their modes of legal derivation .
  • Contemporary endowment issues and resolutions adopted by modern Islamic jurisprudence academies and scholarly conferences .

The material follows a thematic arrangement rather than treating each school in isolation; concordant opinions are grouped into general juristic trends, beginning with the majority position, while citing the primary source literature of each school .

Structure

The work comprises an introductory prologue, thirteen thematic chapters, and an index of persons and geographical locations . The introductory section addresses the history and evolution of endowments across human eras and Islamic history, alongside the role of legal codifications . The thirteen chapters cover:

  1. Definition of waqf, its scriptural legitimacy, and its core pillars .
  2. Legal status, wisdom, and overarching objectives of endowments .
  3. Endowment formulas and their contractual conditions .
  4. The endower and required qualifications .
  5. The beneficiary and qualifying conditions .
  6. The endower's stipulations .
  7. Expressions used by endowers and their legal interpretations .
  8. Official documentation of endowments .
  9. Superintendence and trusteeship over waqf .
  10. Leasing of endowment property .
  11. Substitution and conversion of endowment assets (al-ibdal wa-al-istibdal) .
  12. Disputes, claims, and litigation involving endowments .
  13. Expiration and termination of endowments .

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